HomeMy WebLinkAboutCity Council Ordinance 2004-20CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2004-20
AN ORDINANCE REPEALING SECTION 800 OF THE PLYMOUTH CODE OF
ORDINANCES AND ENACTING A NEW SECTION 800 OF THE PLYMOUTH CODE
OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS -OF-
WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND
REGULATION OF RIGHT -OF -WAY PERMITS, AND ADMENDING SECTION 1015
OF THE PLYMOUTH CODE OF ORDINANCES FOR
RIGHT -OF -WAY PERMIT PROCEDURES AND FEES
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
Section 1. Section 800 of the Plymouth Code is amended in its entirety to read as follows:
RIGHT -OF -WAY MANAGEMENT
Section 800 — Construction in Streets, Alleys and Public Grounds
800.01. Findings, Pgrpose, and Intent. To provide for the health, safety and welfare of its
citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the
City strives to keep its rights -of -way in a state of good repair and free from unnecessary
encumbrances.
Accordingly, the City hereby enacts this section relating to right -of -way permits and
administration. This section imposes reasonable regulation on the placement and maintenance of
facilities and equipment currently within its rights -of -way or to be placed therein at some fixture
time. It is intended to complement the regulatory roles of state and federal agencies. Under this
section, persons excavating and obstructing the rights -of -way will bear financial responsibility
for their work. Finally, this section provides for recovery of out -of- pocket and projected costs
from persons using the public rights -of -way.
This section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162,
237.163, 237.79, 237.81, and 238.086 (the "Act ") and the other laws governing applicable rights
of the City and users of the right -of -way. This section shall also be interpreted consistent with
Minnesota Rules 7819.0050 — 7819.9950 where possible. To the extent any provision of this
section cannot be interpreted consistently with the Minnesota Rules, that interpretation most
consistent with the Act and other applicable statutory and case law is intended. This section
shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce
general ordinances necessary to protect the health, safety and welfare of the public.
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800.02. Public right-of-way regulations.
Subd. 1. Application and scope. This Section shall apply exclusively to excavations and
obstructions within public rights -of -way by any person. It is unlawful to dig up, break, excavate,
tunnel, drill, bore, undermine or in any manner break up any street or to make or cause to be
made any excavation in or under the surface of any street, or to place, deposit or leave upon any
street any earth, excavated material or other substances obstructing or tending to interfere with
the free use of the street with an excavation permit therefore.
Subd. 2. De initions. The following words, terms and phrases, as used herein, shall have
the following meanings:
Abandoned facility means: (1) a facility no longer in service or physically disconnected
from any other facility that is in use or still carries service; and that is deemed abandoned by the
owner of the facility.
Applicant means any public right -of -way user required to obtain a permit under this
Section.
City means City of Plymouth, Minnesota.
City management costs means the actual costs incurred by the City for public rights -of-
way management, including, but not limited to, costs incurred in connection with the registration
process, the excavation or obstruction permit process, the inspection of project work and
restoration and enforcement and correction of non - complying project work, mapping of public
right -of -way users and maintenance and regulation of public right -of -ways occupied by public
right -of -way users.
Delay Penalty means the penalty imposed as a result of unreasonable delays in right -of-
way excavation, obstruction, patching, or restoration as established by permit.
Degradation means a decrease in the useful life of the right -of -way caused by excavation
in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way
earlier than would be required if the excavation or disturbance did not occur.
Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve
a level of restoration as determined by the City at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules
parts 7819.9900 to 7819.9950.
Degradation Fee means the estimated fee established at the time of permitting by
the City to recover costs associated with the decrease in the useful life of the right -of -way
caused by the excavation, and which equals the degradation cost.
Director means the City of Plymouth Director of Public Works and the Director's
designee.
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Emergency means a condition that (1) immediately endangers the life or safety of
persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires
immediate repair or replacement in order to restore service to customers.
Equipment means anything tangible used to install, repair or maintain facilities in any
public right -of -way.
Excavate or excavation means to dig into or in any way remove or physically disturb or
penetrate any public right -of -way paved or ground surface, or any portion thereof.
Excavation permit means a permit which is issued by the City authorizing the permittee
to excavate in a public right -of -way as specifically described in the permit.
Extension permit means a permit which is issued by the City authorizing additional
calendar days to an excavation or obstruction permit.
Facility or facilities means anything tangible, including equipment, which is required to
provide utility services.
Hole means an excavation having a length that is equal to or less than the width of the
public right -of -way for the section of the roadway where the work is occurring.
Local representative means a person or designee of such person authorized by a public
right -of -way user to accept service and to act and make decisions regarding matters within the
scope of this Section on behalf of the public right -of -way user.
Obstruct or obstruction means to place or the placement of any object in a public right -
of -way, or to remove or the removal of an existing structure, or any portion thereof, from a
public right -of -way that interferes with the free use of the public right -of -way.
Obstruction permit means a permit which is issued by the City authorizing the permittee
to obstruct a public right -of -way as specifically described in the permit.
Patch or patching means a method of roadway surface replacement or restoration that
consists of. (1) the compaction of the sub -base and aggregate base; and (2) the replacement, in
kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of the
defined excavation in all directions.
Permittee means a person to whom an excavation or obstruction permit has been issued
by the City under this Section.
Person means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
Project or project work means any activity, including construction, reconstruction,
installation, maintenance, relocation, or replacement of any facility or a public right -of -way in
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which the facility is located and restoration of the public right -of -way that is regulated under this
Section.
Public right -of -way or public rights -of -way means the surface, air space above the
surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk,
trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway,
waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City
owned by or under control of the City, or dedicated or otherwise conveyed to the City for general
public use. No reference herein to a "public right -of -way" shall be deemed to be a representation
or guarantee by the City that its interest or other right to control or use such property is sufficient
to permit its use for the purpose of installing, operating and maintaining utility service facilities.
Public right -of -way user means any person or entity which owns or controls a facility that
is located, or is sought or intended to be located, in a public right -of -way including persons who
have installation and maintenance responsibilities by contract, lease, sublease or assignment.
Restore or restoration means the process, including patching, by which a public right -of-
way and surrounding area, including pavement and foundation, is returned to the same condition
that existed before any project work.
Restoration cost means the amount of money paid to the City by a permittee to meet
restoration requirements in accordance with plates 1 to 13 of the PUC rules.
Trench means an excavation in the roadway surface having a length that is equal to or in
excess of the width of the roadway or sections of roadway where the work is occurring.
Utility service means services provided by: (1) a public utility as defined in Minnesota
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power services
including wind generation; (3) a corporation organized for the purposes set forth in Minnesota
Statutes; (4) a district heating or cooling system; or (5) a cable communication system as defined
in Minnesota Statutes.
Subd. 3. Franchises. The City may, in addition to the requirements of this Section,
require any public utility or cable operator who has or seeks to have facilities or equipment
located in any public right -of -way to obtain a franchise if allowed by state law.
Subd. 4. Registration requirement.
A. Registration. As of the effective date of this Section, any public right -of -way
user, which owns or controls a facility within any public right -of -way, or any
portion thereof, shall register with the City. Registration shall be deemed
completed upon the public right -of -way user submitting to the City a completed
registration form furnished by the City and paying the registration fee. A right -of-
way user is required to update its registration within 60 days of any change of the
information contained in a current registration statement. The City will require a
five -year registration renewal at no cost. If the registration is allowed to lapse one
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year beyond the five -year renewal date, a new registration fee will be charged.
A Transfer of ownership or interest. Whenever any public right -of -way user
transfers, sells, assigns or otherwise conveys ownership or interest in facilities or
equipment to another person, the registered public right -of -way user shall notify
the City of the date of the conveyance and the name of the transferee within thirty
(30) days of the conveyance. Within sixty (60) days of the conveyance a new
registration fee must be paid.
C. Exceptions. Nothing herein shall be construed to repeal or amend the provisions
of a City ordinance permitting the following:
Persons to plant or maintain boulevard plantings or gardens in the
area of the right -of -way between their property and the street curb.
Persons planting or maintaining boulevard plantings or gardens.
2. Persons installing private driveways, sidewalks, curb and gutter, or
parking lots.
3. Persons engaged in snow removal efforts.
4. Federal, State, County, and City agencies.
5. Persons installing pet containment or sprinkler systems.
Persons engaged in these activities shall not be deemed to use or occupy the
right -of -way, and shall not be required to register or obtain any permits or
satisfy any other requirements under this chapter. However, nothing herein
relieves a person from complying with the provisions of the Minn. Stat.
Chap. 216D, Gopher One Call Law.
Subd. 5. Permit requirement.
A. Permit required. Except as otherwise provided in this code, no person may
obstruct or excavate any right -of -way or install any facilities, equipment, or
improvements above, on, or beneath the surface of any right -of -way in the City or
any property owned by the City without first having obtained the appropriate
right -of -way permit from the City to do so. It is unlawful to dig up, break,
excavate, tunnel, trench, drill, bore, undermine or in any manner break up any
street or to make or cause to be made any excavation in or under the surface of
any street, or to place, deposit or leave upon any street any earth, excavated
material or other substances obstructing or tending to interfere with the free use of
the street without an appropriate permit therefor.
Any public right -of -way user, which owns or controls a facility within any public
right -of -way, or any portion thereof, on the effective date of this Section, that
subsequently excavates or otherwise obstructs any public right -of -way, or any
portion thereof, shall first obtain a permit therefor as required under this Section.
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B. Permit applications.
1. Applications for a permit must be completed by the public RIGHT -OF-
WAY user. An application for a permit shall be on a form furnished by
the City and completed and submitted to the City with the following
information:
a. The applicant's name; Gopher One -Call registration certificate
number; address; e-mail address; telephone number; and facsimile
number.
b. The local representative's name; address; e-mail address; telephone
number; facsimile number; and current information regarding how
to contact the local representative in an emergency.
C. The name, address and telephone number of the person(s) or
entities, other than the applicant, to perform the project work or
any portion thereof.
d. A certificate of insurance or self - insurance verifying the coverage
as required in this Section.
e. All mapping data and information in form and substance as
required in this section.
f. A detailed description and drawing to a scale as required by the
City of the proposed project and project work, including
identification of the obstructions to be placed, the size and depth of
any excavation, the schedule for commencement and completion
of the proposed project, and the location and size of any trees
impacted in the designated work area, and the location of any
utility lines in the area impacted.
C. Issuance of permit. The City may deny a permit for the following reasons:
1. The applicant failed to fully comply with the application requirements
herein.
2. The time schedule for the project will conflict or interfere with a
community exhibition, celebration, festival or any other similar
community event in the area of the project.
3. The time schedule for the project conflicts with scheduled public
improvement of the public right -of -way.
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4. The proposed project violates a provision of this Code.
5. The proposed project is adverse to the public health, safety and welfare, by
interfering with the safety and convenience of ordinary travel over the
public right -of -way, or endangers the public right -of -way and its users
based on one or more of the following factors:
(a) The extent of public right -of -way area available;
(b) The competing public service demands for the particular proposed
area space in the public right -of -way;
(c) The availability of other feasible locations in the public right -of-
way or in other public rights -of -way for the facility(s) or
equipment of the permit applicant;
(d) The applicability of an ordinance or other regulation that affects
the location of a facility or equipment in the public right -of -way;
(e) The applicant's prior compliance with the terms and conditions of
its franchise, this Section and other applicable ordinances and
regulations;
(f) The condition and age of the public right -of -way and the City's
scheduled reconstruction thereof; and
(g) The costs of disruption to the public and damage to the public
right -of -way balanced against any benefits to the public served by
an expansion into additional parts of the public right -of -way for
facilities or equipment.
Subd. 6. Conditions of permit and registration. All permits issued and all registrations
made under this Section shall be subject to the following requirements:
A. All permits issued under this Section or a copy of the permit shall be
conspicuously displayed or otherwise available at all times at the indicated project
work site and shall be available for inspection immediately upon request by the
Director or his/her designee.
B. If the obstruction or excavation of the public right -of -way begins later or ends
sooner than the dates specified in the permit, the permittee shall promptly notify
the Director.
C. Installation, placement, location, and relocation of equipment and facilities shall
comply with all federal, state and local laws.
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D. Public right -of -way restoration shall be in accordance with the restoration
regulations set forth in this Section.
E. Installation of all underground utilities shall be in accordance with the
underground utilities regulations set forth in this Section and all other applicable
federal, state and local laws.
F. Precautions shall be taken as necessary to avoid creating unsafe or unsanitary
conditions, and a permittee shall not obstruct a public right -of -way, except as
expressly authorized by the permit, so as to hinder the natural free and clear
passage of water through the gutters or other waterways. Personal vehicles of
those doing work in the public right -of -way may not be parked within or next to a
permit area, unless parked in conformance with City parking regulations. The
loading or unloading of trucks must be done solely within the defined permit area
unless specifically authorized by the permit.
G. Project operations and work shall be conducted in a manner so as to insure the
least obstruction to and interference with present and continued use of the public
right -of -way.
H. Precautions including appropriate signage shall be taken to assure the safety of the
general public, employees, invitees and those who require access to abutting
property.
I. The permittee shall notify abutting property owners with a 48 -hour written notice
prior to commencement of any project work that may disrupt the use of and
access to the abutting property.
J. The permittee involved in underground projects shall register with Gopher State
One Call and comply with the requirements thereof.
K. The permittee shall comply with the Uniform Traffic Manual for Traffic Control
at all times during any project work and shall protect and identify excavations and
work operations with barricade flags in the daylight hours and by warning lights
at dusk and night.
L. The permittee shall comply with all conditions of the permit.
M. When any trail or drive has been cut, the appropriate signage must be kept in
place and maintained until restoration is complete.
N. The permittee shall provide proper trench protection as required by O.S.H.A. to
prevent any cave -in; injury to property or persons; or enlargement of the
excavation.
O. Excavations, trenches and jacking pits off the roadway surface area or adjacent to
the roadway or curbing shall be sheathed and braced. When unattended, all
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excavations, trenches and jacking pits shall be protected to prevent surface
drainage.
P. The permittee shall protect the root growth of significant trees as defined in
Chapter 5 of the City Code and shrubbery located within the public right -of -way
and adjacent thereto. The permittee shall protect sprinkler systems, pet
containment systems, and sod located adjacent to the public right -of -way.
Q. The permittee shall coordinate project work and installation of facilities in co-
locations involving other public right -of -way users.
R. The permittee shall maintain access to all properties and cross streets during
project work, including emergency vehicle access.
S. The permittee shall physically locate property lines abutting the project work.
The permittee shall replace, with the services of a Minnesota- licensed surveyor,
any property corners or monuments disturbed as a result of the project.
T. The permittee shall complete restoration of the public right -of -way in
conformance with this Section.
U. No permittee, or any agent, subcontractor or employee thereof, shall use lugs
(steel tracks) on any roadway surfaces.
V. The permittee shall remove daily all dirt or debris from sidewalks, trails, public
and private roadway surfaces and curbs and gutters during project work.
W. The permittee shall obtain all other necessary permits, licenses and approvals, pay
all required fees therefor and comply with all requirements of local, state and
federal laws.
X. The permittee shall not do any work outside the project area as specified in the
permit.
Subd. 7. County or state right -of -wad. Any public right -of -way user who is required to
obtain any county or state permit for excavation or obstruction in any Hennepin County or
Minnesota Department of Transportation right -of -way must provide notification of permitting to
the City within one week of obtaining the permit but no less than 48 hours before the excavation
would begin.
Subd. 8. Installation of underground facilities within public right- of -ways. The permittee
shall comply with the following requirements when installing underground facilities:
A. Underground facilities shall, where reasonably possible, be installed outside the
paved or surface area in areas with the least potential future conflict. If unable to
install outside the surfaced area, the installation shall be as close to the edge of the
roadway surface as possible to allow access thereto without unnecessarily
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disturbing paved areas of the roadway.
B. Public right -of -way alignment and grade shall be maintained.
C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than
three (3) feet deep and no more than four (4) feet; copper facilities below concrete
or bituminous paved roadway surfaces shall be buried no less than three (3) feet
deep and no more than four (4) feet deep, and all other copper facilities shall be
buried no less than thirty (30) inches deep and no more than four (4) feet deep.
D. All underground facilities which cross streets or hard surfaced driveways shall be
bored and installed in conduit when requested by the City. Gas does not need to
be installed in conduit.
E. When required, the permittee shall excavate an observation hole over a City
utility to ensure that a City utility is not damaged.
F. If the project work involves an open cut, the permittee shall install visual tracers
eighteen (18) inches over buried facilities. If other construction methods are used,
substitute location methods may be used upon approval by the City.
G. During plowing or trenching of facilities, a warning tape shall be placed at a depth
of eighteen (18) inches above copper cables with over two hundred (200) pairs
and fiber facilities and a locating wire or conductive shield shall be installed
above buried telecommunication facilities, except for di- electric cables.
H. Restoration of areas disturbed by facilities will include returning the right -of -way
to the same condition that existed before excavation as per MN Rules 7819.1100.
Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950,
indicate maximum limits of restoration methods and area requirements the local
government unit can impose when a right -of -way user excavates in the public
right -of -way. The local government unit and right -of -way user may agree to a
lesser requirement. The right -of -way user is responsible for all of its work done
in the public right -of -way, whether by employees, agents, or independent
contractors. All levels of restoration include compaction of the materials placed
in the excavation of the sub -grade and aggregate base, plus pavement
replacement, in kind. All work must be performed according to the City of
Plymouth's specifications and drawings.
I. All facilities shall be located so as to not interfere with existing and potential
future traffic signals and signs.
J. Unless approved by the Director, all above ground appurtenances shall be located
no closer than ten (10) feet to City hydrants, waterline valves, manholes, lift
stations, catch basins; not in front of any City or private sign, monument or
amenity for facilities or parks; and no closer than two (2) feet from sidewalks and
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trails.
K. Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
L. Underground facilities shall not be installed within five (5) feet of hydrants,
waterline valves, lift stations, manholes or catch basins unless approved by the
Director.
M. The location and installation of telecommunications facilities shall comply with
the National Electric Safety Code, as incorporated by reference in Minnesota
Statutes.
Subd. 9. Supplement permits or permit extension.
A. Limitation on area. No permittee shall obstruct or excavate an area greater than
that specified in the permit without first obtaining a new permit or permit
extension from the City.
B. Limitation on dates. No permittee shall begin its work before the permit start date
or, except as provided herein, continue working after the completion date.
Subd. 10. Revocation o f permits.
A. Grounds for revocation. The City may revoke a permit issued hereunder on the
following grounds:
1. A material provision or condition of the permit or City Code was
substantially breached.
2. A material misrepresentation in the application for a permit.
3. The permittee failed to maintain the required bonds or other security and
insurance.
4. The permittee failed to complete the project work within the time
specified in the permit unless the failure to complete work is due to
reasons beyond the permittee's control.
5. The permittee failed in a timely manner to correct work that does not
conform to applicable standards, conditions, federal, state or local laws.
6. An evasion or attempt to evade any material provision of the public right -
of -way permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City.
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B. Notice of revocation. If the Director determines that grounds for revocation
exists, the Director shall provide written notice to the permittee. If the permittee's
violation is related to non - complying project work, the Director shall notify the
permittee of the actions necessary to remedy such violation within a reasonable
period of time or be subject to potential revocation of the permit. The Director
may impose additional or revised conditions on the permit to mitigate or remedy
the violation.
C. Right to hearing by City Council. In the event that the permittee fails to remedy
the violation for which the Director gave the permittee notice, a revocation of
permit hearing shall be held before the City Council at the next available City
Council meeting. The purpose for the hearing shall be to determine whether any
of the grounds for revocation as set forth herein exist against the permittee. No
suspension or revocation shall take effect, until the permittee has been afforded a
hearing as provided in this subparagraph. Such hearing shall be set by the City
Council upon written notice to the permittee served by U.S. Mail not less than
fifteen (15) days prior to the hearing date, specifically stating the date, time and
purpose thereof.
D. Revocation costs. If a permit is revoked, the permittee shall reimburse the City
for its reasonable costs (including restoration costs) incurred in connection with
the revocation.
Subd. 11. Permit fees.
All permit fees shall be submitted to the City with the application. Permit fees shall be
set to recover the City management costs and, where applicable, restoration costs. The
permit fees shall be established by this ordinance and Chapter 10 of the City Code. No
permit fee shall be refundable. No permit fees shall be required for any obstruction or
excavation permit issued to the City, although the City shall be allocated its full portion
of the City management costs in calculating the permit fees. Except where an extension
permit has been granted, the permittee shall, as a delay penalty, be required to obtain a
new permit and pay the associated fee for failure to complete the project work under the
initial permit within the required time period or pay the delay penalty per the right -of-
way ordinance. Applicants may jointly apply for permits to excavate or obstruct the
right -of -way at the same place and time. There shall be a single permit and permit fee for
joint excavation and obstruction permit applications. Applicants must agree among
themselves as to the portion each will pay and indicate the same on the application.
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Subd. 12. Public right-of-way restoration.
A. Timing. All project work under a permit shall be completed within the dates
specified in the permit unless the project work could not be completed due to
circumstances beyond permittee's control, including seasonal weather prohibitions
or inclement weather. An extension permit at no charge will be issued by the City
for these circumstances.
B. Restoration costs. The permittee shall restore the public right -of -way and assume
all costs therefor unless otherwise agreed upon. The right -of -way user shall
remain responsible for replacing and compacting the sub -grade and aggregate
base material in the excavation. The City, at its option, may choose to perform its
own restoration including any paving. If the City performs the restoration
pursuant to this paragraph, the permittee shall pay to the City all costs thereof
within thirty (30) days of billing. If following such restoration, the roadway
surface, boulevard, sidewalk, curb or related infrastructure settles due to
permittee's improper back - filling; the permittee shall, at its option, either correct
the defect or pay to the City all costs associated with correcting the defective
work within thirty (30) days of billing. If the permittee restores the public right -
of -way, the City may require, and the permittee shall provide at the time of
application for the permit, a City specified type of security, in accordance with
PUC rules, to cover the cost of repair and restoration. If within twenty -four (24)
months after completion of restoration of the right -of -way, the Director
determines the right -of -way has been properly restored, the posted security will be
released.
C. Standards. All restoration shall be in accordance with the standards and materials
specified by the City. The City shall maintain written procedures and standards
for public right -of -way restoration, which shall comply with PUC standards.
Subject to PUC rules, the City shall have the authority to prescribe additional
restoration procedures and standards on a case -by -case basis based on the
following considerations:
1. The number, size, depth and duration of the excavation, disruption or
damage to the public right -of -way;
2. The traffic volume carried by the public right -of -way;
3. The character of the neighborhood surrounding the public right -of -way;
4. The pre - project condition of the public right -of -way;
5. The remaining life expectancy of the public right -of -way due to the
proj ect;
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6. The costs of the restoration method in relation to the prevention of an
accelerated depreciation of the public right -of -way that could result due to
the project work in the public right -of -way; and
7. The likelihood that the particular restoration method would be effective in
slowing the depreciation of the public right -of -way that would otherwise
occur.
D. Duty to correct defects. The permittee shall guarantee the restoration of the
public right -of -way for twenty -four (24) months following its completion (twelve
(12) months for turf establishment). During the 24 -month period, the permittee
shall, upon written notification from the City, correct all non - complying
restoration work, using the method required by the City. The correction work
shall be completed within ten (10) calendar days of the receipt of the notice from
the City, not including days during which work cannot be done due to
circumstances constituting force majeure or of unseasonable or inclement
weather. .
E. As Built drawings. The permittee shall, if not already provided through another
filing made within one year of completion of the project, annually submit to the
City "as- built' drawings in a format usable by the City, as per State Statutes,
incorporating project work and restoration.
Subd. 13. Inspection.
A. Site inspection. The permittee shall make the project work site available to the
Director, and all others authorized by law, for inspection at all reasonable times
during the execution and upon completion of the project work.
B. Inspection findings and requirements.
1. The Director may order the immediate cessation or modification of any
project work which poses a serious immediate threat to the life, health,
safety or welfare of the public.
2. The Director may order the permittee to correct any project work to
comply with the terms of the permit or other applicable standards,
conditions or laws. The order shall state the violation, the terms of
correcting the violation and that failure to correct the violation within the
stated time limits shall be cause for revocation of the permit. If the
violation is not corrected within the stated time limits, the Director may
initiate revocation of the permit.
3. The Director may order the permittee to pay for any cost the City incurred
for a project that posed a serious immediate threat to the life, health, safety
or welfare of the public.
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C. Notice of Completion. The permittee shall sign a certificate of project completion
stating the completion date, identification of the installer and designer of record
and certifying that the project work was completed in accordance with the
requirements herein. Project completion date is the date the notice is received.
Projects are subject to delay penalties until notification is received.
Subd. 14. Permissible work without a permit.
A. Emergency exception. All persons with facilities in the public right -of -way shall
include the City in its list of those to be notified immediately of any event
regarding its facilities that may be considered as an emergency. The owner of the
facilities may proceed to take whatever actions are necessary to respond to the
emergency, but shall apply for the necessary permits, pay the fees associated
therewith and fulfill all requirements as set forth in this Section within ten
business days after the occurrence of the emergency. These permitting
requirements shall not apply if the repair is made within the hole of the permitted
excavator.
B. If the City becomes aware of an emergency regarding facilities, the City will
attempt to contact the local representative of each facility affected, or potentially
affected by the emergency. The City may take whatever action it deems
necessary to respond to the emergency, the cost of which shall be assumed and
paid by the owner of the facility, which occasioned the emergency.
Subd. 15. Mapping data.
A. Information Required. All permittees shall provide "as built" mapping
information in accordance with Minnesota Rules 7819.4000 and 7849.4100 and in
a format acceptable to the City as follows:
The location of underground and above ground appurtenances of the
equipment and facilities, identified by:
(a) Offsets from property lines, distances from the centerline of the
public right -of -way and curb lines and/or other reference points as
requested by the City; or
(b) Coordinates derived from the coordinate system being used by the
City;
(c) Approximate depth of facilities.
2. The type, quantity and size of the equipment;
3. A dimensional description of aboveground appurtenances;
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4. A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
5. The location of any facilities that were abandoned in conformance with
Minnesota Statutes.
6. Mapping to include restoration; and
7. Abandoned facilities that remain in place.
B. Submittal requirements.
1. Within six (6) months after the effective date of this Section, all public
right -of -way users which own or control facilities within public right -of-
ways within the City on the effective date of this Section shall submit
detailed mapping including restoration data in accordance with this
Subdivision for all facilities and equipment located within the public right -
of -way. Following initial mapping, all right -of -way users shall submit
detail mapping including restoration data by April 1 st of every year for all
new facilities located within public rights -of -way in the City during the
preceding calendar year or certification that no new facilities were
installed.
2. At the request of any public right -of -way user, information required by the
City which qualifies as "trade secret" data under the Minnesota Data
Practices Act shall be protected accordingly.
Subd. 16. General public right -oflway regulations.
A. Placement of facilities underground. Any new non - replacement facilities or
equipment shall be located underground or contained within buildings or on other
structures unless prohibited/restricted in accordance with all applicable federal,
state or local laws. If it is not feasible due to the size of the facility, other
provisions may be allowed with prior approval of the Director.
B. Corridors. The City may assign specific corridors within the public right -of -way,
or portion thereof, as may be necessary for each type of facility. All permits
issued by the City involving the installation or replacement of facilities shall
designate the proper corridor for the facility at issue.
C. Limitation of Space. To protect the health, safety, and welfare of the City or when
necessary to protect the public right -of -way and its current use, the City may
prohibit public right -of -way users from a particular right -of -way after
consideration of the public interest, the public's needs for the particular utility
service, the condition of the public right -of -way, the time of year with respect to
essential utilities, the protection of existing facilities in the public right -of -way,
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and future City plans for public improvements and development projects which
have been determined to be in the public interest.
D. Relocation and temporary relocation for construction of facilities. A public right -
of -way user shall promptly, and at its own expense, with due regard to seasonal
working conditions, permanently remove and relocate any facility in the public
right -of -way when it is necessary to prevent interference and not merely for the
convenience of the City, in connection with: (1) a present or future City use of the
public right -of -way for a public project; (2) the public health or safety; or (3) the
safety and convenience of travel over the public right -of -way including temporary
relocation for construction. The public right -of -way user shall restore any public
rights -of -way in accordance with this Section. A right -of -way user is not required
to remove or relocate its facilities from a right -of -way that has been vacated and
in favor of a non - governmental entity unless and until the reasonable costs to do
so are first paid to the right -of -way user.
E. Damage to other facilities. Public right -of -way users shall be subject to all
restoration requirements provided in this Section. Every public right -of -way user
shall be responsible for the cost of repairing any facility it damages. This
provision is intended to include costs for damages to boulevard amenities placed
by adjacent property owners, (e.g. sprinkler systems, etc.).
Subd. 17. Public right -of- -way vacation.
A. Reservation of right. If the City vacates a public right -of -way which contains the
equipment or facilities of a public right -of -way user and the vacation does not
require the relocation of the equipment or facilities, the City shall reserve, to and
for itself and the public right -of -way user, the right to install, maintain and
operate any equipment and facilities in the vacated public right -of -way and to
enter upon such public right -of -way at any time for the purpose of reconstruction,
inspecting, maintaining or repairing the same.
B. Relocation of facilities. If the vacation requires the relocation of the public right -
of -way user's equipment or facility, and the vacation proceedings are initiated by
the public right -of -way user or the City for a public project, the public right -of-
way user shall pay the relocation costs. If the vacation proceedings are initiated
by a person or persons other than the public right -of -way user or the City, the
initiating person or persons shall pay the relocation costs.
C. Administration — Vacation of Right -of -Way and Easements.
1. Procedure. A request for vacation of a right -of -way or easement shall be
filed in writing with the City Engineer. In the case of a request for
vacation of a right -of -way, the written request shall be signed by a
landowner directly abutting such right -of -way. In the case of a request for
vacation of an easement, the written request shall be signed by a
landowner of the property encumbered by such easement.
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2. Filing. A written request to vacate a right -of -way or an easement shall be
accompanied by the following:
(a) Information, both written and graphic, that describe the reason for,
and location of, the proposed vacation;
(b) a fee as set forth in Chapter X of the City Code;
(c) for requests involving the vacation of right -of -way, the applicant
shall submit the addresses of all properties directly abutting the
right -of -way to be vacated; and
(d) for requests involving the vacation of an easement, the applicant
shall submit a legal description of the area to be vacated.
3. Public Hearing Required.
Subd. 1. Upon receipt of a complete vacation request, the City Engineer
shall set a public hearing following proper notification.
Subd. 2. Notice of said hearing shall be published once in the official
newspaper at least two (2) weeks prior to the hearing, and shall be mailed
to all landowners of property directly abutting the area to be vacated and
to all utility companies serving the area (Ord. 2004 -03, 0111312004).
Subd. 3. The City Engineer shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the City
Council.
Subd. 4. The City Council shall consider possible adverse effects of the
requested vacation. Its judgment shall be based upon (but not limited to)
the following factors:
(a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with
the City's Comprehensive Plan, including public facilities and
capital improvement plans.
(b) The proposed action meets the purpose and intent of this Chapter.
(c) The proposed action has been considered in relation to the future
needs of the City, utility companies and surrounding property
owners.
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Subd. 5. The City Council and City staff shall have the authority to
request additional information from the applicant or to retain expert
testimony with the consent and at the expense of the applicant, said
information to be declared necessary to establish performance conditions
in relation to all pertinent sections of this Chapter.
Subd. 6. The applicant or a representative thereof may appear before the
City Council in order to present information and answer questions
concerning the proposed request.
Subd. 7. Upon receiving the report and recommendation of the City staff,
the City Council shall conduct the hearing, consider the request, and
render its decision. The staff recommendation shall be entered in and
made part of the permanent written record of the City Council meeting.
Subd. 8. Approval of a right -of -way or easement vacation shall require
passage by a majority vote of the entire City Council.
Subd. 9. Whenever an application for a right -of -way or easement vacation
has been considered and denied by the City Council, a similar application
for a vacation shall not be considered again by the City Council for at least
six (6) months from the date of its denial.
Subd. 18. Indemnification and liability.
A. Limitation of Liability. Upon the issuance of a public right -of -way permit, the
City does not assume any liability (i) for injuries to persons, damage to property
or loss of service claims by parties other than the registrant or the City, or (ii) for
claims or penalties of any sort resulting from the installation, presence,
maintenance or operation of equipment or facilities by registrants or permittees or
activities of registrants or permittees.
B. Indemnification. A registrant or permittee shall indemnify, keep and hold the
City, its officials, employees and agents, free and harmless from any and all costs,
liabilities, and claims for damages of any kind arising out of the construction,
presence, installation, maintenance, repair or operation of its equipment and
facilities, or out of any activity undertaken in or near a public right -of -way,
whether or not any act or omission complaint is authorized, allowed or prohibited
by a public right -of -way permit. The foregoing does not indemnify the City for
its own negligence except for claims arising out of or alleging the City's
negligence in issuing the permit or in failing to properly or adequately inspect or
enforce compliance with a term, condition or purpose of a permit. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to
the registrant, permittee or the City, and the registrant or permittee, in defending
any action on behalf of the City, shall be entitled to assert in any action every
defense or immunity that the City could assert on its own behalf.
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If the registrant or permittee is required to indemnify and defend, it shall
thereafter have control of the litigation, but the registrant or permittee may not
settle the litigation without the consent of the City. Such consent will not be
unreasonably withheld.
Subd. 19. Abandoned facilities.
A. Notification. A public right -of -way user shall notify the City when facilities are
abandoned. If an abandoned facility remains in place see Subd. 15 A. 7.
B. Removal of abandoned facilities.
A right -of -way user shall notify the City when facilities are abandoned. A right -
of -way user that has abandoned facilities in the right -of -way shall remove them
from that right -of -way if required due to a conflict in conjunction with other right -
of -way repair, excavation or construction, unless the Director waives this
requirement.
Subd. 20. peal.
A public right -of -way user that: (1) has been denied registration; (2) has been denied a
permit; (3) has had permit revoked; (4) believes relocation cost or City required
relocation is unreasonable; or (5) that the fees imposed are invalid, may have the denial,
revocation, relocation, or fee imposition reviewed by the City Council upon written
request. The City Council shall act on a written request at its next available meeting.
The decision by the City Council shall be in writing and supported by written findings
establishing the reasonableness of the decision.
Subd. 21. Insurance.
All certificate(s) of insurance or self - insurance required under this Section shall provide
the following: (1) that an insurance policy has been issued to the applicant by an
insurance company authorized to do business in the State of Minnesota, or a form of self
insurance acceptable to the Director; (2) verify that the applicant is insured against claims
for personal injury, including death, as well as claims for property damage arising out of
the (i) use and occupancy of the public right -of -way by the permittee, its officers, agents,
employees and permittees, and (ii) placement and use of facilities and equipment in the
public right -of -way by the permittee, its officers, agents, employees and permittees,
including, but not limited to, protection against liability arising from completed
operations, damage of underground facilities and collapse of property; (3) name the City
as an additional insured as to whom the coverages required herein are in force and
applicable and for whom defense will be provided as to all such coverages; (4) require
that the Director be notified thirty (30) days in advance of cancellation of the policy or
material modification of a coverage term; (5) indicate comprehensive liability coverage,
automobile liability coverage, workers compensation and umbrella coverage established
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by the Director in amounts sufficient to protect the City and the public and to carry out
the purposes and policies of this chapter:
The City may require a copy of the actual insurance policies. If the person is a
corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as
recorded and certified to by the Secretary of State. A copy of the person's order granting
a certificate of authority from the Minnesota Public Utilities Commission or other
applicable state or federal agency, where the person is lawfully required to have such
certificate from said commission or other state or federal agency. A Franchise agreement
may exempt a permittee from this paragraph.
800.03. Erosion onto Street or Highway.
Subd. 1. Prohibition.
The owner of real property shall not allow any dirt, sand, silt, or other debris from the
property to erode upon, or otherwise be deposited on public property including streets,
highways, or trails, ponds, streams, wetlands, or storm sewers. If erosion does occur, the
property owner shall be held liable for all cleanup costs, property damage, and the cost of
installation of permanent or temporary erosion control measures (Ord.95 -19, 03/21/95).
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Public Liability, including premises, products and complete operations.
GENERAL
LIABILITY:
Bodily Injury Liability - $1,000,000 each person, $3,000,000 each
occurrence.
COMPREHENSIVE:
Property Damage Liability - $3,000,000 each occurrence.
In lieu of (1) and (2) Bodily Injury and Property Damage Combined -
$3,000,000 single limit.
The City may require a copy of the actual insurance policies. If the person is a
corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as
recorded and certified to by the Secretary of State. A copy of the person's order granting
a certificate of authority from the Minnesota Public Utilities Commission or other
applicable state or federal agency, where the person is lawfully required to have such
certificate from said commission or other state or federal agency. A Franchise agreement
may exempt a permittee from this paragraph.
800.03. Erosion onto Street or Highway.
Subd. 1. Prohibition.
The owner of real property shall not allow any dirt, sand, silt, or other debris from the
property to erode upon, or otherwise be deposited on public property including streets,
highways, or trails, ponds, streams, wetlands, or storm sewers. If erosion does occur, the
property owner shall be held liable for all cleanup costs, property damage, and the cost of
installation of permanent or temporary erosion control measures (Ord.95 -19, 03/21/95).
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Automobile Liability Insurance, including owned, non -owned and hired
vehicles.
COMPREHENSIVE:
Bodily Injury Liability - $1,000,000 each person, $3,000,000 each
occurrence.
Property Damage Liability - $3,000,000 each occurrence.
In lieu of (1) and (2) Bodily Injury and Property Damage Combined -
$3,000,000 single limit.
The City may require a copy of the actual insurance policies. If the person is a
corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as
recorded and certified to by the Secretary of State. A copy of the person's order granting
a certificate of authority from the Minnesota Public Utilities Commission or other
applicable state or federal agency, where the person is lawfully required to have such
certificate from said commission or other state or federal agency. A Franchise agreement
may exempt a permittee from this paragraph.
800.03. Erosion onto Street or Highway.
Subd. 1. Prohibition.
The owner of real property shall not allow any dirt, sand, silt, or other debris from the
property to erode upon, or otherwise be deposited on public property including streets,
highways, or trails, ponds, streams, wetlands, or storm sewers. If erosion does occur, the
property owner shall be held liable for all cleanup costs, property damage, and the cost of
installation of permanent or temporary erosion control measures (Ord.95 -19, 03/21/95).
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Subd. 2 Duties.
It shall be the duty of any property owner to take appropriate erosion control measures to
ensure that erosion from their property will not occur off site. Appropriate erosion control
measures shall include, but are not limited to, sodding, silt fence, or hay bales.
Subd. 3. Notification Procedure.
Any property owner violating this Section shall receive a written notice of violation by
certified mail, return receipt requested, to the address of the owner of record of the violating
property. Refusal to accept such notice shall not constitute a defense that the notice was not
received. Notification shall include pertinent information regarding the nature of the
violation, the possible costs and penalties, and a period of time in which to correct the
violation.
Subd. 4. Work Ordered by City.
If the property owner, after receiving written notice required in Subd. 3, fails to comply with
the notification order within the time set forth in the notification, the City may have the
work performed by a private contractor. Records shall be maintained by the erosion control
inspector showing the cost of such work attributable to each separate lot and parcel and shall
deliver such information to the City Clerk.
Subd. S. Assessment.
On or before September 1 of each year, the Clerk shall list the total unpaid charges incurred
under this Section against each separate lot or parcel to which they are attributable. The
Council may then charge against the property responsible for the costs incurred and certify
said costs as a special assessment under Minnesota Statutes Section 429.101, as amended,
and other pertinent Statutes for certification to the Hennepin County Auditor for collection
along with the current taxes. The Council, in its discretion, shall have the right to spread
charges incurred under this Section into annual installments, not to exceed ten installments.
800.04 Structures in Streets.
No person shall place, erect, or construct any structure in any street, boulevard, or right -of-
way in the City if the structure causes or is likely to cause people to use, or play in, the
traveled portion of the roadway. This section does not authorize construction of any
structure that is otherwise prohibited by law.
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Section 2. Section 1015.29 Subdivision 1. Right -of -way Permit Procedures and Fees of the
Plymouth City Code is hereby amended as follows:
Subd 2. Fees and Charges:
Registration Fee
$140
Excavation Permit Hole
$160
Excavation Permit Hole New Development
$ 80
Trench Base
$125
(plus .40 per lineal foot over 100 feet)or
(plus .20 per lineal foot over 100 feet new development)
Obstruction Permit Fee
$ 40
Permit Extension Fee
$ 30
Delay Penalty ($10 additional for each day after 3 days)
$ 60
Section 3. Effective Date.
This ordinance shall take effect on January 1, 2005.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 13`h day of
September 2004.
Judy A. Johnson, Mayor
ATTEST:
bt�Az&t'j
Sandra R. Paulson, City Clerk
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